Judgment:
ORDER
K.P. Sivasubramaniam, J.
1. These two writ petitions have been filed by two different Associations/Union of the Tamil Nadu Electricity Board, praying for a certiorari to call for the records relating to the proceedings in (FB)No. 1 (Admn.Branch) dated 28.01.1997 and to quash the same.
2. The petitioners are challenging the order of the respondent as mentioned above which deals with compassionate appointment. In terms of the order, if a dependant or ward of the deceased employee seeks for compassionate appointment and they are qualified in any professional degree course/other non-professional degree courses or diploma course and possessing first class, they would be considered for appointment in the respective post to which they are qualified and if such persons do not have first class, they can be appointed only as Helper(Trainee) or office Helper. According to the petitioners, the said order is arbitrary and contrary to the regulations.
3. The crux of the objection of the petitioners is that while the qualifications for the post of Assistant Engineer/Junior Engineer/Technical Assistant, the requirement of first class in the professional degree course or a non-professional degree course is not required, the said posts require only a pass in B.E. or in Diploma in Engineering and as far as Junior Assistants are concerned, regulations prescribe only a pass in SSLC and no distinction is made between the first class and second class as a qualification for eligibility criteria. Therefore, the petitioners contend that the respondent has created irrational classification which does not exist in the rules. Therefore, the impugned order is violative of Article 14 and 16 of the Constitution of India.
4. Mr. Vijay Narayan, learned counsel appearing for the petitioners contends that it was erroneous on the part of the respondent to prescribe or superimpose any additional qualification only for compassionate appointment over and above the qualifications which are actually required for the respective posts. There was no rationale or any justifiable reason to treat compassionate appointments in a different manner. He would state that compassionate appointment is only one of the accepted methods/modes of recruitment and that being so, there cannot be any prescription of a different basic qualification. Therefore, the impugned order suffers from discrimination and arbitrariness.
5. I heard Mr. Radhakrishnan, learned counsel appearing for the Tamil Nadu Electricity Board and he contends that appointment on compassionate grounds is not a regular avenue of appointment and that being so, it was within the powers of the Board to prescribe such norms as may be required for being posted in posts which require adequate experience. The post of Assistant Engineer/Junior Engineer or Technical Assistants are actually posts which require appointees to possess substantial experience and when the compassionate appointees seek direct appointment to such posts, and without any experience, it is certainly open to the employer to prescribe higher qualification.
6. I have considered the submissions of both sides.
7. The only point which arises for consideration is whether the action of the Electricity Board prescribing higher qualification for applicants under compassionate appointment category would be justifiable or not.
8. I am inclined to agree with the contention of the learned counsel for the respondent. It cannot be disputed that compassionate appointment is not a source of regular appointment and which is not recognised under the relevant rules. The scheme of compassionate appointment is governed by Boards proceedings and it is therefore an extra-ordinary method of recruitment. Such appointments are made without any pre-requisite experience. A departmental person who earns promotion to the post of Assistant Engineer would be required to have put in considerable years of service in the next lower post. Such individuals have to wait for considerable time for earning their promotion. On the contrary, a compassionate appointee enters the establishment without any experience and without having to undergo any competitive selection. He is appointed directly to the post as though he has got a right to the post without satisfying the minimum required experience and qualifications. Such appointments also result in stagnating chances of promotion to those who are already in service and waiting for their promotion.
9. In the said background, there is no legal right in favour of the compassionate appointees to get themselves directly appointed without undergoing any process of selection. There is no possibility of assessing their performance and their capabilities. Therefore, in the interest of ensuring proper standards in the matter of appointment, the Electricity Board in its wisdom has formulated that such appointees should possess first class in the respective courses.
10. In the above background, I do not find any illegality, arbitrariness or discrimination in the impugned order. The writ petition is dismissed. No costs.